senate Bill S7375A

2011-2012 Legislative Session

Relates to disqualification of employment for criminal history and the definition of ability to consent; provides hearsay exception for developmentally disabled

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Archive: Last Bill Status - In Senate Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.962
May 15, 2012 print number 7375a
May 15, 2012 amend (t) and recommit to mental health and developmental disabilities
May 02, 2012 referred to mental health and developmental disabilities

Votes

view votes

May 30, 2012 - Mental Health and Developmental Disabilities committee Vote

S7375A
8
1
committee
8
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: May 30, 2012

nay (1)
aye wr (1)

S7375 - Details

See Assembly Version of this Bill:
A10285
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L

S7375 - Summary

Provides an exception to the hearsay rule to allow testimony from persons with developmental disabilities.

S7375 - Sponsor Memo

S7375 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7375

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law and the penal law, in relation to
  disqualification of employment for certain criminal  history  informa-
  tion and deeming an individual with a developmental disability incapa-
  ble  of  giving  consent;  and to amend the criminal procedure law, in
  relation to providing an exception to the hearsay rule to allow testi-
  mony from persons with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
13.40 to read as follows:
S 13.40 DISQUALIFICATION FOR CERTAIN CRIMINAL HISTORY INFORMATION.
  NOTWITHSTANDING ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW  AND  ANY
OTHER LAW TO THE CONTRARY, THE OFFICE SHALL DENY OR DISAPPROVE AN APPLI-
CATION FOR EMPLOYMENT OR VOLUNTEER SERVICE FOR A PROSPECTIVE EMPLOYEE OR
VOLUNTEER OF THE OFFICE OR OF A PROVIDER OF SERVICES THAT CONTRACTS WITH
OR  IS  APPROVED  OR  OTHERWISE  AUTHORIZED  BY  THE  OFFICE  TO PROVIDE
SERVICES, WHERE CRIMINAL HISTORY  INFORMATION  RECEIVED  PURSUANT  TO  A
CRIMINAL  HISTORY  RECORD  CHECK  CONCERNING THE PROSPECTIVE EMPLOYEE OR
VOLUNTEER REVEALS A CONVICTION FOR:
  (A) ANY OFFENSE PURSUANT TO ARTICLE ONE  HUNDRED  TWENTY-FIVE  OF  THE
PENAL LAW;
  (B)  ANY  OFFENSE  PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW;
  (C) ANY FELONY OFFENSE PURSUANT TO ARTICLE ONE HUNDRED TWENTY  OF  THE
PENAL LAW;
  (D)  ANY  OFFENSE  PURSUANT  TO ARTICLE ONE HUNDRED FIFTY OF THE PENAL
LAW;
  (E) ENDANGERING THE WELFARE OF A CHILD PURSUANT TO SECTION  260.10  OF
THE PENAL LAW;
  (F)  ENDANGERING  THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED
PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S7375A (ACTIVE) - Details

See Assembly Version of this Bill:
A10285
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L

S7375A (ACTIVE) - Summary

Provides an exception to the hearsay rule to allow testimony from persons with developmental disabilities.

S7375A (ACTIVE) - Sponsor Memo

S7375A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7375--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the criminal procedure law, in relation to providing an
  exception to the hearsay rule to allow  testimony  from  persons  with
  developmental disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The criminal procedure law is  amended  by  adding  a  new
section 60.77 to read as follows:
S  60.77  STATEMENTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES; HEARSAY
          EXCEPTION.
  1. AN OUT-OF-COURT STATEMENT MADE BY A  PERSON  WITH  A  DEVELOPMENTAL
DISABILITY,  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW, NOT OTHERWISE ADMISSIBLE BY A STATUTE OR COURT  RULE
THAT  PROVIDES AN EXCEPTION TO THE OBJECTION OF HEARSAY IS ADMISSIBLE IN
ANY CRIMINAL OR DELINQUENCY PROCEEDING IN WHICH THE PERSON IS ALLEGED TO
HAVE BEEN A VICTIM IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION
ARE SATISFIED.
  2. (A) AN OUT-OF-COURT STATEMENT MADE BY A PERSON WITH A DEVELOPMENTAL
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF  THE
MENTAL  HYGIENE  LAW, THAT DESCRIBES ALL OR PART OF AN OFFENSE DESCRIBED
IN PARAGRAPH (B) OF THIS SUBDIVISION PERFORMED WITH, BY, ON, OR  IN  THE
PRESENCE  OF  THE  DECLARANT,  AND THAT IS NOT OTHERWISE ADMISSIBLE BY A
STATUTE OR COURT RULE THAT PROVIDES AN EXCEPTION  TO  THE  OBJECTION  OF
HEARSAY, IS ADMISSIBLE IN ANY CRIMINAL, DELINQUENCY, OR CIVIL PROCEEDING
IF THE CONDITIONS OF SUBDIVISION FIVE OF THIS SECTION ARE SATISFIED.
  (B)  THE  EXCEPTION  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION
APPLIES TO AN OUT-OF-COURT STATEMENT MADE BY A PERSON  WITH  A  DEVELOP-
MENTAL  DISABILITY,  WHICH STATEMENT DESCRIBES ALL OR PART OF ANY OF THE
FOLLOWING OFFENSES:
  (I) ANY OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF  THE  PENAL
LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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